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The omission of the letter of notification from the Registrar is not fatal to the appeal; Rule 96(7) provides a remedy allowing the appellant to file a supplementary record to include the missing document, and no injustice has been occasioned to the respondent.
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The Court held that the pleadings in Commercial Case No. 128 of 2021 and the notices of arbitration are necessary for the proper determination of the appeal, especially as they are referenced in the grounds of appeal and the High Court's ruling. The omission can be rectified by filing a supplementary record of appeal rather than striking out the appeal.
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The Court of Appeal allowed the appellant to file a supplementary record of appeal after finding the record incomplete for omitting drawn orders required by the rules.
The Court of Appeal struck out the appeal because the record remained incomplete and Rule 96(8) barred a further chance to file another supplementary record.
The Court of Appeal struck out the appeal after finding the supplementary record defective, unauthenticated, and contradictory to the main record.
The Court of Appeal held that the respondent’s objections required factual inquiry and were not valid preliminary objections. The objections were dismissed with costs.
The appellant is allowed to lodge a formal application for extension of time within 14 days to apply for leave to file a supplementary record, as the application is unopposed and the Rules permit such extension.
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The unilateral omission of essential documents from the record of appeal, without leave or direction from the court, renders the appeal incompetent and incapable of being cured by a supplementary record; both the appeal and cross-appeal are struck out.
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The Court of Appeal struck out the civil appeal as incompetent because the appellants failed to file a complete record of appeal.
A defective record of appeal cannot be cured by filing a supplementary record; a fresh record must be filed according to law. The application for extension of time is incompetent and is struck out with costs.
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